Elder Law and Estate Planning Attorney
when working with an attorney to prepare for your future and address the challenges associated with aging, you will likely come across the term “incapacitated.” Incapacitated Definition Someone who is incapacitated cannot make personal decisions or understand legal documents. An Read More …
Although in many situations the advantages outweigh the disadvantages when selecting beneficiaries, there are always exceptions. What Is a Beneficiary? Beneficiaries are individuals who you select to receive money, various other assets, or specific bequests (such as sentimental items) upon Read More …
The aging population is expected to transfer $30 trillion in the coming years, per Forbes. According to the Survey of Consumer Finances, the median inheritance is $69,000; the median for trust fund wealth transfers is $285,000. Many individuals planning their legacies wish to Read More …
Does a will expire? Is a will prepared over 20 years ago still valid? Starting an estate plan can be overwhelming, and when it comes to the last will and testaments you probably have many questions. You are not alone. Read More …
In creating an estate plan, you are proactively taking steps to ensure that your assets will be distributed according to your wishes in the wake of your death. One tool available to you in estate planning is known as a Read More …
A power of attorney is a powerful planning document that enables you (the principal) to give another person (the agent or attorney-in-fact) the power to act for you while you are alive. Because it is often prepared in the context of Read More …
At Joseph L. Motta Co. our motto is “Leave a Legacy, Not a Predicament,” because we genuinely want to help people have all their affairs in order so that their family is not burdened with a mess upon death. Losing Read More …
If you are considering preparing a will, this is a great first step in planning for the future. After reflecting on the basics, such as whom you want to be in charge of administering your wishes, you may wonder if Read More …
Medicaid is a state- and federally funded health program for lower-income persons of all ages. For applicants who fall into certain categories, Medicaid imposes specific rules on how much income and resources they can have and still qualify for benefits. Read More …
Unless you’re certain your parents have an up-to-date will, as well as a big-picture plan for what should happen in the event of their passing, you shouldn’t assume everything will be taken care of. During this season of upcoming holidays, Read More …
Many people delay the conversation or thoughts of having to prepare a will. Confronting the possibility of one’s death is not easy. However, as the recent death of Anne Heche shows us, not having a will can place a significant Read More …
If medical personnel are able to access your medical history during an emergency, it could mean the difference between life and death. But if, for example, you are injured, in shock, suffering from dementia, or are otherwise incapacitated, you may Read More …
In order to qualify for Medicaid, the applicant’s income must fall below a certain level. Most states allow individuals to spend down any income above this level on their care until they reach the state’s income standard. But in some Read More …
Unfortunately, not all families get along. If you are having problems with one of your children, you may not want them to benefit from your estate. There are several strategies for dealing with an estranged child in your estate plan. Read More …
Parents usually want to leave their children equal shares of their estate, but equal isn’t always fair. If you plan to provide more (or less) for one child in your estate plan, preparation is important. It is natural for parents Read More …
At Joseph L. Motta Co. our tagline is “Leave a Legacy, Not a Predicament,” because we truly want to help people to avoid leaving their family a mess to unravel upon death. The passing of a loved one is already Read More …
Ideally, when a second marriage joins two families together, it should be a joyous occasion that creates one bigger blended family unit. Unfortunately, when the estate plan lacks clarity, it too often also creates inheritance fights between stepparents and children. Read More …
You’ve surely seen a dramatic presentation of a will in either a movie, television show, or in a book. From handwritten notes and scribbled on a napkin to a self-made video or last utterances to a companion in the last Read More …
How frequently you should review your estate plan depends on how old you are and whether there has been a significant change in your circumstances. If you are over age 60 and you haven’t updated your estate plan in many Read More …
Running a small business can keep you busy, but it should not keep you from creating an estate plan. Not having a plan in place can cause problems for your business and your family after you are gone. What Happens Read More …
